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Policing Authority not planning to discuss McCabe transcripts

Nóirín O'Sullivan is under increasing pressure to clarify the situation regarding Maurice McCabe
Nóirín O'Sullivan is under increasing pressure to clarify the situation regarding Maurice McCabe

The Policing Authority has said it is not planning to discuss the contents or issues surrounding controversy over transcripts detailing claims by the Garda Commissioner's legal team to the O'Higgins inquiry in relation to Garda whistleblower Maurice McCabe. 

It has been reported that Ms O'Sullivan’s legal team was going to claim that Sgt McCabe was motivated by malice.

This was in marked contrast to the commissioner's public statements of support for him.

Documents seen by RTÉ News show senior counsel acting for the Garda Commissioner told the O'Higgins Commission of Inquiry that it was an "error on his part" when he said his instructions were to question the integrity of Sgt McCabe, but that he would be challenging his motivation and credibility.

The Policing Authority said today it would discuss the O'Higgins Commission report at its meeting tomorrow week but had no comment on the transcripts.

A spokesperson said these documents had not been officially published or released to the Authority.

It also said it was aware of Minister for Justice Frances Fitzgerald's suggestion that the issue could be discussed by the Authority but had no plans to do so.

Its meeting next Thursday week is private and the Commissioner's attendance has not yet been confirmed.

Earlier, Government Chief Whip Regina Doherty said she believes it is the responsibility of Government to look into the controversy over the transcripts.

Speaking on RTÉ's Morning Ireland, Ms Doherty said there has been a cultural change in An Garda SÍochána since Ms O'Sullivan was appointed.

However, she said she could not comment on reports concerning Ms O'Sullivan's legal team, adding that she did not know if "what was leaked last night" is factually correct.

But she said: "It’s fair to say that in context of what was read out last night on RTÉ, that I would expect somebody to find out if there is veracity in that, if it is factual and the actual overall context of what it is, and then you would be more informed.

"I’m quite sure there's probably  a number of people checking that today, but at the end of the day the responsibility, I would feel, lies with government".

Speaking on the programme, Chief Executive of Transparency International Ireland said action needs to be taken to protect whistleblowers.

John Devitt said Sgt McCabe is not the only person who has suffered as a result of speaking up.

Mr Devitt said the Garda Inspectorate should carry out a review of how Sergeant McCabe and other whistleblowers have been dealt with.

He said it is extremely disappointing that, whatever the context, the motives, integrity and credibility of Sgt McCabe might have been questioned by counsel for Garda Commissioner Nóirín O'Sullivan.

Mr Devitt said that whistleblower legislation introduced last year made it clear that the motivation of a whistleblower is irrelevant.

He added that he would like to hear a statement from Commissioner O'Sullivan explaining what instructions she gave to counsel.

Mr Devitt said it was important for her to send out an unequivocal message to her members to reassure them they would have the full support of senior management if they come forward.

Ms O'Sullivan faced calls for her resignation in the Dáil yesterday.

Sinn Féin calls for garda chief to appear before Justice committee 

Sinn Féin's deputy leader Mary Lou McDonald has said it is very clear confirmation is needed on the provenance of the latest transcripts relating to the O'Higgins commission.

Ms McDonald told Today with Sean O'Rourke that the instructions given to legal counsel by the Garda Commissioner in respect of Sgt McCabe should be clarified as a matter of urgency.

The Dublin Central TD said a lot of the controversies that have emerged have distracted attention away from the key findings of the O'Higgins report.

She said that, in her view, there is every likelihood that the commissioner or her office instructed counsel to go on the attack against Sgt McCabe, based on information received, but that information subsequently changed.

She said it would be appropriate for the Garda Commissioner to appear before the Oireachtas Justice Committee when it meets next week.